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8.8.6.   Criminal Penalties
   A.   Violation of Erosion and Sedimentation Control. Any person who knowingly or willfully violates any soil erosion and sedimentation control provision of this Ordinance, or rule or order adopted or issued pursuant to the soil erosion and sedimentation control provisions of this Ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which a soil erosion and sedimentation control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor that may include a fine not to exceed five thousand dollars ($5,000).
   B.   All Other Violations. Any violation of this Ordinance may be enforced as a Class 3 misdemeanor as provided for by Sections 14-4 and 160A-175 of the North Carolina General Statutes, subject to a maximum fine of $500.
(Ord. 2020-36, passed 12-2-2019)
8.8.7.   Injunctive Relief
   A.   Action by Board of Commissioners. Whenever the Board of Commissioners has reasonable cause to believe that any person is violating or threatening to violate this Ordinance, or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved development plan, or soil erosion and sedimentation control plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the Town, for injunctive relief to restrain, correct, abate, mandate, or enjoin the violation or threatened violation.
   B.   Superior Court. The action shall be brought in the Superior Court of the appropriate county. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation.
   C.   No Relief from Criminal Penalties. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
8.8.8.   Order of Abatement
In addition to an injunction, the Town may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:
   A.   That buildings or other structures on the property be closed, demolished, or removed;
   B.   That fixtures, furniture, or other moveable property be moved or removed entirely;
   C.   That improvements, alterations, modifications, or repairs be made; or
   D.   That any other action be taken as necessary to bring the property into compliance with this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
8.8.9.   Equitable Remedy
The Town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law of this Ordinance shall not be used by a violator as a defense to the Town's application for equitable relief.
(Ord. 2020-36, passed 12-2-2019)
8.8.10.   State and Common Law Remedies
In addition to other enforcement provisions contained in this section, the Board of Commissioners may exercise any and all enforcement powers granted to it by state law or common law.
(Ord. 2020-36, passed 12-2-2019)
8.8.11.   Previous Enforcement
Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions.
(Ord. 2020-36, passed 12-2-2019)
8.8.12.   Remedies; Cumulative and Continuous
All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
(Ord. 2020-36, passed 12-2-2019)
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